Debt Validation

September 02, 2016

Their seems to be a great deal of misinformation on this topic. The question being do banks have insurance to cover themselves against loss in case of a payment default by a consumer, and isdebt dispute valid way of handling a debt crises? Perhaps the best way to approach this question in a credible manner, one that takes the answer beyond the realm of opinion, is to look at actual court cases and study the legal track record , if one exists, on this topic. So, to keep this outside of my opinion, that is exactly the approach that was taken when researching the answer to this question. Here is the actual question that we are attempting to answer. We know that a bank cannot carry defaulted debts on its books forever. The reason being that defaulted debts, or debts where the odds are negligible that a bank would ever recover money loaned on a credit card or other unsecured debt, would badly skew the picture on the health of the bank or lending institution. So, banks are bound by a simple rule. When a debt reaches a default age of 180 days, the bank must remove it from its books as an asset and charge it off.

Here is the Documentation: Fact #1. In June 2000, the U.S. Comptroller of the Currency issued an Order on its Web Page to All Banks. (See 8 Pages) They MUST Write Off All Unsecured Consumer Debts that are More Than 180 Days In The Arrears. So, here we have the first proof.

As an aside, I thought I would throw in this piece of legal information from Appellate court cases: . Their are 2 Pages of Appellate Court Cases proving that Banks/Lenders cannot Foreclose on Any Debt Without First Presenting the Original Promise To Pay/Credit Card Agreement. A Copy Of An Original Is Not The Original Promise To Pay/Credit Card Agreement As Required By Law.

Here is our first piece of Documentation on the actual Default Insurance. It is found in a case called Jenkins Vs Heinz, 25 f 3rd, 536, 1994. This is an Appellate Division ruling overturning a lower court ruling in which the bank was holder of a car loan after a repossession and was seeking to recover 4,137.00 from the defendant which they said was money it had to spend to maintain vehicle insurance that the defendant had allowed to lapse. The insurance they were looking to be reimbursed for was not car liability insurance, etc, but rather insurance against a payment default which is exactly what happened. Note: Insurance against a payment default. I realize that a car is a secured debt, however, the principle is the same.

For easy reading I have chosen to end this article here. However, if you would like to know more about our debt dispute program, please do feel free to call at 877-766-2465.

May 13, 2016

This is part one of a two part article explaining exactly what debt invalidation is. The above question is a popular inquiry on Google and all other search engines. So time to really delve into it. Their may be some variations on each companies approach, but overall this article will provide you with a thorough understanding about this process which is becoming more popular. First, what it is not. It is not illegal, it is not a scam, it is not immoral, it is not Debt Settlement, or Bankruptcy. Secondly, the company you hire to represent you and your interest does not have to be a law firm, although it is good to have an Attorney involved in the process, or at least on standby, should one become necessary. We will cover this in more detail later on. By the way, American Debt Enders is not a law firm and does not give legal advise. For all the trouble makers on the internet, providing information and education about law, is not the practice of law.

Despite what most consumers believe, one does not have to have a BAR card to be an authorized representative for another person. Contrary to popular belief, there are no laws against appointing a personal authorized representative to present your interests in a claim or dispute. It would be against all American equitable principals to create laws that would prevent a free man or woman from appointing an authorized representative, or agent, to act on their behalf. Other terms for a personal authorized representative may include, power of attorney, trustee, executor and agent to name a few. Sorry lawyers.

Next Item. Why Dispute A Debt? A debt should be disputed to make a debt collector prove they have the right to collect on a particular alleged debt. Their is absolutely nothing illegal or immoral about doing this. It is the law that makes it possible. For clarification, I do not and would never recommend using this method to avoid a debt you know is valid and that you really owe and can afford to pay.

When a debt collector sends a notice of a debt owed to a consumer they are making a claim against that consumer. Note:(this article is based on researching the debt dispute program as laid out by Infinity Consumer Services, which contains some unique elements.) When you the consumer dispute the debt you are making a counterclaim, the claim and counterclaim create a commercial record of both. right at the outset of the dispute. The following information must appear on all notices for collection sent to a consumer. “…unless you dispute this debt within 30 days of receipt of this letter, we’ll assume the debt is valid.” Please notice the word Assume. If all debts were valid without assumption than their would be no need for any laws governing the rules for dispute.

Please do take the time to read part two of this a article, and if you are interested in enrolling in this powerful debt relief program, feel free to call. 877-766-2465.

April 09, 2016

It is amazing how many people still do not understand what credit restoration is. Credit Restoration is the process of bringing back up a low credit score. Usually after the credit score has been damaged due to either a life event or just outright neglect. Yes, if you want to be able to have a credit score that will allow you to borrow money, perhaps in some cases even get that dream job, than your credit score is yet another of those pesky life issues that must be managed. This article addresses perhaps one of the best ways to restore a credit score that has fallen because bills have not been paid for any reason.

The program is called Debt Dispute, and while not as prevalent as programs like debt settlement, it is the singular best method for raising a credit score and getting rid of debt collectors and debt all at the same time This credit counseling program is so effective that it usually comes with a money back guarantee. That means a full, 100% return of all and any fees you may have paid to the disputing credit counseling company. Do I have your interest yet?

Consider the fact that their are other debt relief programs. Not one of them offers the comprehensive results of debt dispute as offered by American Debt Enders. Probably the biggest misunderstanding of whether or not this program is right for you is that consumers think that because they took the money or ran up the credit card they cannot dispute the debt. Nothing could be further from the truth. This program calls into play over a dozen federal and state consumer laws that mandate that creditors of unsecured debt be able to produce a number of documents when asked to validate a debt, before collecting, or trying to collect. Again, nothing to do with whether you used the credit card.or the money.

What starts the process? When a consumer enrolls in the Dispute Program, they give authorization for a representative to communicate on their behalf. This is the same as appointing a power of attorney. The representative is authorized to dispute the alleged debt with any third party debt collectors that may attempt to collect the alleged debt from you. Because the client has appointed the authorized representative to do so, the representative will put together a dispute under various laws that pertain to the collection of debt. The authorized representative will serve it as a notice on the debt collector within the 30 day dispute time frame as stipulated in the Fair Debt Collection Practices Act. The dispute is witnessed by a notary and sent to the debt collector registered U.S. Mail return receipt requested, also done by a notary, to ensure proper record of the dispute by a state official. This process is known as a notary presentment. The entire process takes between 18 and 24 months to complete. The cost is about half of the cost of any debt settlement program.

Again, here are some of the advantages of this approach: No taxes on the successfully disputed debt. Negative is completely removed from your credit report, as part of the credit restoration process. Full 100% money back on any debt not successfully disputed.

If you would like to learn more and would like to enroll in this program, simply call us at 877-766-2465, or visit: American Debt Enders and fill out an simple form and a consumer counselor will contact you.

October 23, 2015

If you are struggling with private student loans there is excellent help available. Because of the way in which the private student loan business operates, their is more than one way to approach a debt relief solution for them. We are going to put forth two solutions for you the consumer to choose from. And, by the way, not to toot our own horn, but this is exactly why we say, when it comes to debt relief, we did not invent it, we simply do it better.

First, to really understand why these approaches work so well, you need to know how the world of private student loans works. Here is a brief, to the point article that will explain. And not to worry, when you click the link a new window will open with the article so you will not lose your place. Here is the article on the Pvt Student Loan Industry.

Here are the two approaches. First, Private student loan debt settlement coupled with debt invalidation. If you read the previous article you now now that this lending area is somewhat chaotic. Particularly, as the loan ages and shifts to various collectors and organizations. This is a two barrel approach, if the invalidation fails, than the second settlement barrel is unloaded. This program requires the consumer to be able to afford as a monthly payment, 1% monthly of the loan amount. So, 20,000 dollars of student loan debt, would need a payment of 200 dollars per month to cover both approaches.

If, you cannot afford the 1%, then simply using the also effective debt invalidation approach can be utilized for, in some cases half of one percent.

Please, if you need help in this or any area of unsecured debt, please do not hesitate to either visit our website at Free Credit Counseling.

May 28, 2015

American Debt Enders offers one of the best Pay Day Loan help programs available anywhere. First, it is a non profit program, and as such is a non adversarial program. What does that mean exactly? It means that the Pay Day loan lenders cooperate with the program and will stop liens and garnishments from happening and generally stop the high interest bleeding. In case you are not aware, the interest you agreed to pay on these easy money loans is upwards of 350% per year! Ouch! This is the reason you get into trouble with them. We can take care of the interest and help you pay back the debt in affordable monthly payments.

This will eliminate the high blood pressure type debt stress that keeps you awake at night.

May 26, 2015

Well, I am going to start this article which will definitely educate you, by republishing the following excerpt The following article excerpt comes from Credit Shield:Discover Bank Sues On Debt it Does Not Own.Who has experience determining ownership of accounts? I'm still looking for info on who has seen proof of ownership from Discover, proof of untruth of their affidavits. See this article: Discover Bank Sues On Debt it Does Not Own February 16th, 2010 . by wcbensley, an Attorney. For a bank to sue someone to collect a debt, the bank must own the debt. Similarly, if I was going to sue you for stealing my car, I would have to prove that I owned the car. I would have to produce a copy of the Title. Seems like simple proposition. So simple, that it is often overlooked by debtors, their attorneys, and the Courts.

This cute little tactic goes on every day and is exactly why you the debtor does not have a chance against these large institutions when you default. Or, how about you simply get something placed on your credit report in error. Better still, who is even aware that this type of stuff goes on, on a regular basis, and many other violations of consumer law designed and put in place to protect you, the consumer.

Well, my friends, at last their is hope for you the beleaguered debt ridden consumer. Article after article I read on what to do about debt problems all start with contacting the creditor or lender. This assumes that they play nice. Well, whose kidding who. They do not play nice which is why you should never take them on alone if you get into trouble. Don't forget that these guys are collecting usually better than 20% interest in a 3% interest world. Do you really think that they are going to play nice?

So why the title. What comes after the ... are the words Credit Shield. What exactly is credit shield? It is a debt validation or forensic debt audit which was approved by the FTC about 5 years ago, and is designed to take on collectors and creditors who simply do not play by the rules. The Credit Shield system invokes the laws and statutes found in the Fair Debt Collection Practices Act, and 8 other laws to protect you from third party debt collectors, fraudulent debt collection practices, and violations of your rights. We work with a nationwide attorney firm for collecting money for you as well when debt collectors violate your rights by calling or continuing collection without verifying the debt. The amazing thing is that it is cheaper than even debt settlement and even more, if you can take it, it is done in about half the time of debt settlement and provides for credit restoration as the final step of the program, at no additional cost! Credit Shield is both the name of the debt relief program and the name of the company which handles the processing and holds the FTC approval. Many of the methods for invalidating a debt used by Credit Shield are proprietary. I can also tell you that this program comes with a 100% money back guarantee!

So, if you find yourself struggling with debt and a low credit score, why not get a free Credit Shield quote and have the program further explained to you. Considering the 100% money back guarantee, you have absolutely nothing to lose.

May 23, 2015

In keeping with its primary vision and purpose American Debt Enders is bringing Debt Relief to the future of Credit Counseling by getting ready to offer Click To Calldebt relief and free credit counseling to mobile users. So what is click to call? We have found that people calling for counseling just don't know where to begin. Already hurting from being oppressed by debt, of course they are seeking relief, but where to begin. Often they are faced with the dilemma of do I fill out the intake form, or do I call? If I call what do I say? Exactly what is credit counseling? is it for me?

The answer is that anyone who is feeling the effects of carrying to much unsecured debt can benefit from credit counseling. Click to call is simply a better way to connect consumers to a qualified counselor. One who is capable of analyzing their situation and then explaining the options which are not only available to them but also suitable to them. Lets be real, not every program is for everyone in debt. Or, stated another way, when it comes to debt one size definitely does not fit all.

While many debt relief companies offer only one program, this is really the equivalent of being sick and going to an emergency room which only handles broken legs. To many companies offer only one program. American Debt Enders had enjoyed great success offering a wide variety of relief programs to consumers. This is done by having counselors available who understand a wide variety of debt relief programs and then can place the consumer in the hands of a debt specialist who understands the program they are explaining fully and is capable of truly helping the individual.

By utilizing the click to call feature a consumer is immediately put in touch with a counselor who can guide them to what they need and even qualify them for a particular debt relief program. At the current time American Debt Enders offers debt consolidation, federal student loan help, private student loan help, payday loan help, a word here regarding payday loans, this program is a non profit program with very low fees and is also non-adversarial which means the consumer will not be flooded by phone calls. Additionally ADE offers debt invalidation with complete credit restoration at no additional charge, we also offer debt settlement with debt invalidation which is an extremely powerful combination, we can also help with tax problems and chapter 7 bankruptcy free consultations to see if you qualify.

April 17, 2013

I thought it would be educational for all
to follow a consumer actually going through
the credit restoration process. Since there is so much
confusion about how the process works, where to start,
how much are the costs, and exactly how long does
it take to realistically remove negatives from a credit report?

So, since this is one of the services offered
by American Debt Enders, we asked someone
we enrolled if they would allow us to follow their
progress and report on it, of course using an assumed name.

So, the process began by having Mary call for a free
consultation to 888-586-2661 which is the number to Lexington Law
Firm, so that she get an assessment of what might
be done, and how much it would cost etc.

Here is what Mary was facing:

Experian13 NegativesEquifax17 Negatives
Trans Union 14 Negatives
The negatives were made up of mostly charge offs, but also
late payments. During the review process it is explained
that the Mary would have both a para legal and an Attorney assigned to her,and that for 59.00 dollars per month, challenges could be made to the credit bureaus, to see if they could verify the negatives, and that for an additional 20.00 dollars per month debt validation letters could also be sent
to the actual creditors.

Mary elects to go after debt validation with both the
credit bureaus,
and the creditors. The cost of the set up is 99.00 dollars, charged only
after the initial letters go out, and then every 30 days, 59.00 dollars
is charged with no contract. Mary is set up with computer access
to her account, where she can see everything that is happening on
her behalf, and also easily communicate with her para-legal. She
can decide, if she likes which items to challenge or let the
law firm, handle the entire operation, and simply monitor things.

So far so good, Mary agrees to go ahead and her account
is set up in one day. Let me note that all the letters go out in Mary’s name—with
a facsimile of her signature.

November 26, 2012

Recently
I was asked by a friend to accompany her to a court hearing involving a credit
card debt. As a side note, that is what tends to happen when you’re a credit
counselor. Anyway, the debt amount was 1800.00 dollars, not a very large amount
by some standards, but when you do not have it, perhaps a fortune. Anyway,
prior to being served she had followed my advice and requested a debt
validation. This act, stopped the phone calls, and after about 60 days, my
friend received a pile of papers supposedly validating the debt, and about 8
months later a subpoena. So now you should be asking, what happens since the
validation was not responded to in the 30 day period as required by the FDCPA?
Secondly, what was in the pile of papers?

The
papers produced were copies of the credit card paperwork with my friends
signature showing each individual charge. The only way to dispute this would be
to say that the signatures were not hers. She was not about to perpetrate a
fraud. Secondly, the mediator went right past the fact that the requested
validation was not produced in 30 days, and
looked at my friend and asked her if she was denying that
any part of the debt was hers. Again, she had to answer no. As an important
point of note, while this was a hearing in the mediators office, one thing to
understand is you take your que in this situation by what you see happening.
Neither the mediator or the opposing counsel were out for blood, but simply
wanted to resolve the matter fairly.

To
make a long story short, the debt was settled that day for 40% of what was
owed, with no legal fees or interest added on. Furthermore, my friend was given
a 60 day grace period to start her very low monthly payments.

The
above real life example of how an actual case was resolved should help drive
home the point that even if you know nothing about the law, know one thing,
that is, if you do not respond to the subpoena you lose by default. My friend
had me to guide her through the process, a credit counselor familiar with the
system, but not Perry Mason, and had a very favorable outcome.

Allow
me to provide some words of advice.

If
served a notice from a creditor advising you that you have 30 days to respond
to the validity of the debt, by all means do so. You can visit the americandebtenders creditor lawsuit resource page to get a sample letter, very simple.This
will at least, put the ball in play and slow things down.

Next,
monitor your phone calls. The creditor is not permitted to contact you or put
more negatives on your credit report when the validation is under way. This is
a big point, and may allow you to counter sue.

Next,
if you are subpoenaed, and sometimes the validation request makes the whole
thing just go away, make sure you respond to it.

These
simple rules will go a very long way to keeping judgments and wage garnishments
from ever happening to you.

Thanks
for reading. If you need advice, or what I believe to be the best debt
settlement program in the country, please do not hesitate to call me or email
me.

October 18, 2012

Here is the truth about
who needs a formal program to help resolveyour debt problem, and who does not.
The focus of this article is to provide honest guidance from someone who has
been in the industry for 10 years. And is a committed expert and consumer
advocate. While I will focus on debt settlement let me start by saying if you
have high credit card debt and can make the payments, but also have very high
interest rates, you are crazy if you do not explore a debt management program
and get your interest rates lowered and pay off the debt in 5 years, and here
is the good part—save tons of money in interest. It is a simple program to set
up, and will not wreck your credit. Few people have the discipline to set up
their own debt snowball program, a phrase made famous by Dave Ramsey.

If
you are drowning in debt now, it will only get worse without anintervention. If
you are missing payments, robbing from Peter to pay Paul, then it’s time to seek
free credit counseling and see about what a program to settle your debt for less is really
all about.

First,
lets take a look at this article from the insidearm.com newsletter. This is a
newsletter from the debt collection industry, that trains debt collectors on
their craft. This one was titled “Secrets Of Defeating FDCPA Claims”. FDCPA
stands for the fair debt collection practices act. It is what consumers who
insist on dealing with their own debt problems use to try to defeat debt
collectors in court. usually after running up large debt loads that they know
they really owe. ( I did not mean to offend anyone with that statement).

I
cannot tell you how widely read my article entitled "debt validation not answered" is. The debt collection industry has become
increasingly sophisticated as has the settlement industry. So unless you have
assets that cannot be touched, otherwise known as exempt assets, then you are
foolish to take on the debt collection industry alone. Listen to this recording
from a debt collection industry training program. this will give you an idea of how sophisticated they are: http://traffic.libsyn.com/thedrill/TDCD_ep20.mp3)

Yes,
I know there are numerous articles that tell you just settle your debts for
pennies on the dollar. But, the truth is, if you have money or assets to
protect then rest assured that a collector will eventually get to them. Which
is exactly why you need professionals to help you. The collectors would rather
deal with your hired experts than deal with you, but if you insist on taking
them on yourself, you better be very smart, because the best you can hope for
is to slow them down.

Yes,
I know that this article cannot begin to cover every circumstance regarding
debt settlement and debt collection issues, so if you are reading it and would
like more information, please do not hesitate to call or email us, using the
information below.